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HomeMy WebLinkAbout11151999PORT TOWNSEND CITY COUNCIL MINUTES OF THE REGULAR SESSION OF NOVEMBER 15. 1999 The City Council of the City of Port Townsend met in regular session this fifteenth day of November, 1999, at 6:30 p.m. in the Port Townsend Council Chambers of City Hall, Mayor Forrest Rambo presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE Councilmembers present at roll call were Allen Frank, Vern Garrison, Joe Finnie, Sydney Lipton, Geoff Masci, Forrest Rambo and Alan Youse. Staff members present were City Manager David Timmons, City Clerk Pam Kolacy, Interim City Attorney Steve Olsen, Building & Community Director Bob Leedy, Planners Judy Surber and Jeff Randall.. CORRESPONDENCE NOT PREVIOUSLY RECEIVED BY COUNCIL None reported. COMMITTEE AND BOARD & LIAISON REPORTS Mr. Finnie: Public Safety Committee, Jefferson County Higher Education Committee Mr. Frank: Finance Committee, County UGA Planning Workshop, Library Board, Finance Committee Mr. Youse: Arts Commission, COPAB, HB 2514 Mr. Garrison: Parks & Recreation Commission PRESIDING OFFICER'S REPORT Mr. Rambo reported on the Transit Board, Council retreat and the budget. Mr. Frank introduced a draft letter to legislators and county commissioners regarding the impact to essential services as a result of the passage if Initiative 695. Mr. Masci noted that Senator Hargrove should be added to the list of addressees. Mr. Rambo then requested that council members peruse the letter and forward comments to Mr. Frank so that he can prepare a final draft for approval. CITY MANAGER'S REPORT Stoplight Warrants/Sims Way: Mr. Timmons noted that further research has been done showing the Sims Way and Sheridan Street intersection is currently on the state list of priorities. The city has requested a reevaluation to see if it has moved up on the priority list; inquiry has also been made about the Hancock/Sims and Howard/Sims intersections. Mr. Timmons also noted several changes will be occurring on Sims Way project due to the effects ofi-695 on City Council Minutes Page 1 November 15, 1999 transportation funding. COMMENTS FROM THE PUBLIC (NOT AGENDA ITEMS) Nancy Dorgan: Urged fiscal responsibility regarding the city manager's time and skills; does not support stormwater fund audit; assure citizen task forces have input on issues like wetland acquisition. Bill Dentzel: regarding carousel site selection; would like no more delay Byron Ruby: utility rate increases - what is philosophy? Support Adams Street Park as carousel site. Herb Herdngton: questioned timetable for rate and tax hearings INTRODUCTION City Manager Timmons announced the hiring of Jordan Pollack as Interim Fire Chief. Tom Aumock will return to his position as Assistant Fire Chief. PUBLIC HEARING ORDINANCE 2714 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING CHAPTER 9.24, ASSEMBLY REGULATIONS, OF THE PORT TOWNSEND MUNICIPAL CODE AND CREATING A NEW CHAPTER 9.24, SPECIAL EVENT PERMITS, ADOPTING STANDARDS FOR THE ISSUANCE OF SPECIAL EVENT PERMITS, ALLOWING FOR PERMIT CONDITIONS, CREATING AN APPEAL PROCESS TO THE CITY COUNCIL, AND PROVIDING FOR ENFORCEMENT AND PENALTIES Mr. Timmons introduced the ordinance. Mayor Rambo then opened the public hearing. Speaking in favor: Jim Farmer, citizen committee member. Noted that the ordinance and associated process encourage public assembly, with emphasis on responding to impacts of events to public service; stated that when setting fees for large events, consideration should be given to the tax revenues generated by those events. Carol Shiffman, Centrum, Committee member. Commented on the fruitful and honest discussion at the committee level, supported Mr. Farmer's remarks.. Tony Reid, committee member. Noted that the new regulations help organizers carefully plan and promote responsible events, and seeks an ultimate balance between free speech and public impacts. Requested fee waivers for non-profit organizations and government entities. Also City Council Minutes Page 2 November 15, 1999 supported organizers paying for expenses incurred for municipal services, and stated the insurance requirement promotes responsibility and reduces the liability on the part of the city. Speaking in opposition: None Speaking neither for nor against. None Mayor Rambo closed the public hearing at 7:26 p.m. Several questions were then raised by council members, including: Revisit definition of"resort" on page 4. Clarify permitting authority (p.4) Clarify status of community center (p.4) Clarify method by which police dept. must be notified (p.5) Need to resolve whether or not fees will be waived for government entities or nonprofits. Need policy discussion (page 7) regarding equitable cost for city services. Clarification of reasoning behind ratio of traffic control/crowd control person and number of attendees. Clarify when permit is needed and what penalty will result if required permit is not obtained. Possible sliding fee scale Business licenses (p. 10) requirement should be stated earlier or add "when applicable" Parking requirement (pS) provide reasonable estimate rather than accurate accounting? (p. 10) approve or deny within 48 hours Appeal (9.24.170) discuss how to handle if the council is not meeting within the required time frame. Form: more room for applicants to write; department review on a separate sheet? Motion: Mr. Masci moved to refer the ordinance to staff for further development and reschedule the vote on the ordinance for December 6. Mr. Garrison seconded. It was noted that if fees are not incorporated before the end of the year, they will have to be a voted action. Mr. Finnie requested a simple financial model of a large event, including costs (to city) and benefits (tax revenue). A curve may be seen during large events of increase in tax revenues. Mr. Timmons will work with the Finance Committee and the citizen assembly committee to make sure the goals of the ordinance are preserved. He stated that Chief Anderson has provided good information on the expenses incurred for various large events and that the overall revenue side is where we need mor information. City Council Minutes Page 3 November 15, 1999 Vote: The motion carried unanimously, 7-0, by voice vote. RESOLUTION 99-081 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ESTABLISHING A FEE FOR FILING A LEASE APPLICATION FOR THE LOCATION OF TELECOMMUNICATIONS FACILITIES ON CITY PROPERTY, AND APPROVING A PERSONAL WIRELESS SERVICE FACILITIES LEASE WITH VOICESTREAM PCS BTA I CORPORATION, A DELAWARE CORPORATION, AS AGENT FOR COOK INLET WESTERN WIRELESS PV/SS PCS, L.P., A DELAWARE LIMITED PARTNERSHIP, FOR A PORTION OF THE CITY'S WATER TOWER PROPERTY, LOCATED AT 1919 20TH STREET, PORT TOWNSEND, WASHINGTON Mayor Rambo opened the public hearing on this subject. Speaking in favor: None Speaking in opposition: None Speaker neither in favor nor opposition: None Mayor Rambo closed the public hearing at 8:00 p.m. Motion: Mr. Masci moved for adoption of Resolution 99-081. Mr. Lipton seconded. The motion carded unanimously, 7-0, by voice vote. ORDINANCE 2716 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING CERTAIN AMENDMENTS TO THE NARRATIVE TEXT, TABLES AND POLICIES CONTAINED IN THE LAND USE AND CAPITAL FACILITIES & UTILITIES ELEMENTS OF THE PORT TOWNSEND COMPREHENSIVE PLAN (THE PLAN); ADOPTING THREE AMENDMENTS TO THE LAND USE MAP CONTAINED WITHIN THE PLAN; ADOPTING AMENDMENTS TO THE TEXT AND TABLES OF TITLE 17, ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC); ADOPTING AMENDMENTS TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE LAND USE MAP CONTAINED WITHIN THE PLAN; DIRECTING THE BUILDING & COMMUNITY City Council Minutes Page 4 November 15, 1999 DEVELOPMENT DEPARTMENT TO PREPARE REVISED COPIES OF THE PLAN INCORPORATING THE AMENDMENTS SET FORTH IN THIS ORDINANCE; DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENTS TO TITLE 17 PTMC SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW) Mr. Garrison recused himself due to a potential financial interest in one of the amendments. Mr. Finnie also recused himself due to a financial interest in a lot covered by one of the amendments. The two council members left the meeting at 8:04 p.m. Mayor Rambo then opened the public hearing. Speaking in favor: Jim McCarron: In support of allowing the use of upper-story residential development in the C-II zone; expressed concern over mandating residential. Spoke against maximum 15 foot setback, believes this would limit options for delivery trucks and create logistical problems in a non- commercial street. Would like to mitigate by setting building farther back. Speaking in opposition: Katherine Robinson: opposed to changing residential use in CI/MU zone from mandatory to permissive; characterized this as personal interest superseding coramunity interest. Urged a vote against the change. John Lockwood: read letter from Richard Berg opposing elimination of minimum building frontage requirements in CI/MU zone. As member of C-II Design Standards Committee, believes this is the single most important tool in the struggle to help the town feel more like a town and less like a suburb. He indicated that specific sites should be dealt with through a site- specific process like a variance, rather than changing a requirement for a whole zone because of the needs of one . John Lockwood speaking for himself. Opposed city council member submitting comprehensive plan amendment which will create personal and financial benefit. Should not argue own proposal before planning commission as presence carries more weight than ordinary citizen, should have been submitted by another party and at a time when personal interest was not at stake. Jim McCarron requested opportunity to make a point of information: Stated that council member Garrison has no money invested in the property per se yet, and will not until the project is built; Mr. Garrison has no direct economic dollar investment in the project. City Council Minutes Page $ November 15, 1999 Richard Talbot: Stated the amount of CI/MU zoning area is about 2% of the total area of Port Townsend; does not encourage moving away from the mandatary requirements. He likened the proposed change to someone buying heavily wooded property and then cutting the trees so they can have a view. He urged the council to preserve the integrity of the small amount of CI/MU now designated. Scott Walker: stated a great deal of thought went into the original designation of CI/MU zones; object included making a pedestrian friendly town with a small town feeling. Mixing commercial and residential encourages affordable housing, pedestrian orientation, start-up or single person housing. Regarding street frontage: maximum setback will not allow expansive parking lot between street and store front windows. Norma Fried: Noted that zoning laws build in protections as well as SEPA; stated that the Comprehensive Plan was well worked out and she would not like to see it undermined so soon, particularly by a public official who may have a private interest in the project. Freda Fenn: Stated her agreement with councilor Garrison that one of the best ways to defend quality of life is through zoning regulations; urged that council hold firm on holding fast to the long term public process of creating zoning. She noted that citizens need to stand up for that whenever variances or zoning changes are proposed which weaken the vision of a more liveable, walkable, pedestrian friendly community. Speaking neither for nor against: Ted Shoulberg: supporting community design developments based on the number of bedrooms rather than number of units. He stated this would increase density in the urban growth area which would otherwise be less economically feasible due to higher land prices and increased costs and delayed infrastructure. It would allow small scale unsubsidized multi-family housing. He suggested a more flexible alternative with minor modifications including placing an absolute limit to the number of one bedroom or studio units on one block and/or take the total buildable square footage and et the builder divide it into the size units preferred, allowing the market to dictate the design. Michael Anderson: noted the comprehensive plan itself has built-in mechanisms for change; prefers more options for development rather than fewer. He stated that a change allowing more flexibility is good, supports Mr. Shoutberg's comments. Mayor Rambo closed the public hearing at 8:40 p.m. Mr. Masci suggested that the question be divided for individual votes recorded for each amendment as organized, ending with a roll call vote on the entire ordinance. RECESS Mayor Rambo recessed the meeting for a break at 8:42. City Council Minutes Page 6 November 15, 1999 The meeting reconvened at 8:50 p.m. RECONVENE Kilham Rezone: Motion: Mr. Masci moved to adopt the recommendation of the Planning Commission that those parcels of the Kilham property which are encumbered by the conservation easement be rezoned to R-II. Mr. Frank seconded. The motion carried unanimously, 5-0, by voice vote. Thorsen/Brooks Rezone Motion: Mr. Masci moved to adopt the recommendation of the Planning Commission that Lots 1,3,5, and 7 of Block 177 of the Estate Addition be rezoned to R-III. Mr. Frank seconded. The motion carried unanimously, 5-0, by voice vote. Revisions to Northem Boundary of the Downtown C-III Historic Commercial Zoning District: Motion: Mr. Masci moved to rezone blocks 37, 38, 29, 55 and 56 of the Original Townsite to the City of Port Townsend from R-II to C-III, Historic Commercial (modifying the recommendation of the Planning Commission by including block 56). Mr. Lipton seconded. The motion carried unanimously, 5-0, by voice vote. Revise Table IV-2 of the Land Use Element to Reflect Recent Land Use/Zoning Changes: Motion: Mr. Masci moved to adopt the Planning Commission recommendation and approve the updating of table IV-2 to reflect rezones which occurred through the 1997, 1998, and 1999 Comprehensive Plan Update. Mr. Frank seconded. After brief discussion, and submission of Exhibit E by Ms. Surber, the motion carried unanimously, 5-0, by voice vote. Amend Policy 18.1 of the Capital Facilities and Utilities Element Motion: Mr. Masci moved to adopt the Planning Commission's recommendation to simplify Policy 18.1 in a manner consistent with the recommendations contained within the Draft Port Townsend Wastewater Comprehensive Plan. Mr. Frank seconded. The motion carried unanimously, 5-0, by voice vote. Review of densities in the R-III and R-IV zoning districts: Motion: Mr. Masci moved to reverse the finding of the Planning Commission and approve the proposal to revise the description of the R-III, Medium Density Multi-Family, and R-IV High Density Multifamily land use designation and Table 17.16.030 PTMC to link allowable densities to the number of bedrooms within dwelling units. Mr. Lipton seconded. Ms. Surber noted that the proposal has not undergone environmental review and so cannot be adopted, although the council could direct staff to have the analysis performed; the item would be pushed in to next year's planning process. A SEPA determination must be made and the item could be taken separately if deemed an emergency situation. Mr. Olsen stated he would need to research to determine the legal issues. Vote: The motion failed 2-3, with Mr. Rambo, Mr. Frank and Mr. Youse opposed. City Council Minutes Page 7 November 15, 1999 C-II Upper Story Residential: Motion: Mr. Masci moved to reverse Planning Commission's recommendation and to allow upper story residential development in the city's C-II, General Commercial zoning district. Mr. Frank seconded. Vote: The motion carried unanimously, 5-0, by voice vote. CI/MU Revisions: Motion: Mr. Masci moved to adopt Planning Commission's recommendation to amend Table 17.18.030 PTMC pertaining to Bulk, Dimensional and Density requirements for the C-I/MU zoning district, with a modification to Table 17.18.030 as follows: the term "none" in the chart be replaced with the words "no requirement"; and "maximum setback of 15 feet" be changed to "no requirement" (Exhibit 10). Mr. Frank seconded. Vote: The motion carried unanimously, 5-0, by voice vote. Motion: Mr. Masci moved for adoption of Ordinance 2716 with the appropriate changes as reflected in the foregoing individual votes. The motion carried unanimously, 5-0, by roll call vote. Mr. Finnie returned to the meeting at 9:25 p.m. CONSENT AGENDA Mr. Masci moved for approval of the following items on the consent agenda. Mr. Frank seconded. The motion carried unanimously, 6-0, by voice vote. Approval of Bills. Claims and Warrants: 69879 through 69881 in the amount of $105,834.09 Approval of Minutes: Regular meeting of November 1, 1999 Mr. Garrison returned to the meeting at 9:30 p.m. UNFINISHED BUSINESS There was no unfinished business. City Council Minutes Page 8 November 15, 1999 NEW BUSINESS ORDINANCE 2718 AN ORDINANCE FIXING AND ADOPTION 2000 PROPERTY TAX LEVIES The ordinance was presented as a first touch. Mr. Timmons noted a public hearing is scheduled for the next regular council meeting on November 15, 1999. EXECUTIVE SESSION Mayor Rambo announced an executive session regarding real estate activities. He stated the session would take approximately ten minutes, with no action expected to follow. ADJOURNMENT There being no further business, the meeting was adjourned at 10:15 p.m. Attest: City Clerk City Council Minutes Page 9 November 15, 1999